[co-author: Caroline Shrock]
H.R. 5, the Parental Bill of Rights Act, passed in the House of Representatives on Friday, March 24, 2023 by a vote of 213 – 208. Only Republicans supported the bill and five Republicans – Reps. Andy Biggs, Ken Buck, Matt Gaetz, Mike Lawler, and Matt Rosendale – joined all House Democrats in voting against the bill.
The legislation seeks to establish various rights of parents or guardians of elementary or secondary school children to their children’s education, including the rights to: review the curriculum of the school; meet with each teacher of their child at least twice per school year; review the budget of their child’s school; inspect the books and other reading materials in the school library; address the school board of local educational agencies; receive information about violent activity in their child’s schools; and know if their child is not grade-level proficient in reading or language arts at the end of 3rdgrade.
Additionally, the bill requires an elementary school or a school consisting only of grades 5-8 to obtain parental consent before changing a child’s gender pronouns or preferred name on school forms or allowing a child to use a bathroom or locker room in accordance with a different gender than the one assigned to them at birth.
The passage of H.R. 5 is seen as an educational policy win for Republicans as it addresses many issues on which many members of the party campaigned. The bill was originally introduced in 2021 but made little movement in the Democratic-controlled House. Since then, a number of states have passed versions of parental bills of rights; Florida’s Parental Bill of Rights, often referred to by opposition as the “Don’t Say Gay” bill, is the most notable among them. At a press conference following Friday’s vote, Speaker Kevin McCarthy (R-CA) stated that “today was a win for every mother or father, but most importantly for every student in America.”
House Democrats have responded to the passage of H.R. 5, which they’ve dubbed the “Politics Over Parents Act,” with intensity. During debates, Democrats stressed that parental engagement in education is a top priority but this legislation does not achieve that. Minority Leader Hakeem Jeffries (D-NY) said on the House floor on Thursday that “this legislation has nothing to do with parental involvement, parental engagement. Parental empowerment has everything to do with jamming the extreme MAGA Republican ideology down the throats of the children and the parents of the United States of America.”
H.R. 5 is unlikely to receive attention in the Democrat-controlled Senate; Senate Majority Leader Chuck Schumer (D-NY) said that the bill “will not see the light of day” in the chamber. Instead, it is likely that the bill will be used for messaging by both parties ahead of the 2024 election.
